Navajo Council Work Session: Where’s $2.1B in ARPA Beeso/Money? 12.4-7.23, 9 am daily

Greetings Relatives/Frens/Humans,
The Navajo Nation Council has scheduled a Four-Day Work Session on the Status of ARPA or Fiscal Recovery Funds from Dec. 4 to 7, 2023, at the Navajo Council chambers in Window Rock, Ariz. The Work Sessions are scheduled to start at 9 a.m. daily.

And it is so Refreshing to See that the Naabik’iyati Committee will be Livestreaming it’s Work Sessions on YouTube: www.youtube.com/navajonationcouncil and via Zoom.

To Join Zoom Meeting:
Click on: https://navajonationcouncil-org.zoom.us/j/9288717160?pwd=T3k3VE1uV3JYQ3JaQnZPbkJUWmRRZz09&omn=89355240517
Call-in Number: (669) 900-6833
Meeting ID: 928 871 7160
Passcode: 86515

According to the proposed Naabik’iyati Committee agenda, presentations during the four-day work session appear to be by the entire Navajo Nation Executive Brance, which includes the Navajo Nation Office of the President and Vice President. The Navajo Nation Judicial Branch and the Navajo Nation Office of Legislative Counsel are also listed as presenters.

According to the “Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule by the U.S. Dept of Treasury, which was published in January 2022, the “TIMELINE FOR USE OF FUNDS” stated that “Under the SLFRF (State and Local Fiscal Recovery Funds), funds must be used for costs incurred on or after March 3, 2021. Further, costs must be obligated by December 31, 2024, and expended by December 31, 2026.”

It’s good that the Navajo Council FINALLY scheduled a Work Session on what’s happening and what happened with the Navajo Nation’s $2.1 Billion in ARPA or Fiscal Recovery Funds (FRF). Hopefully, the four-day work session will include the Required Quarterly Reports mandated by the U.S. Treasury from the Navajo Nation regarding how the Navajo Nation has been spending its $2.1 Billion.

According to the U.S. Treasury Department’s “Compliance and Reporting Guidance, State and Local Fiscal Recovery Funds,” which is Version 5.2 and was published Sept. 27, 2023, “The following recipients are required to submit quarterly Project and Expenditure Reports:

  • States and U.S. territories
  • Tribal governments that are allocated more than $30 million in SLFRF funding
  • Metropolitan cities and counties with a population that exceeds 250,000 residents.”

The Sept. 27, 2023, compliance guidelines stated, “For these recipients, the initial quarterly Project and Expenditure Report covered three calendar quarters from March 3, 2021, to December 31, 2021, and was required to be submitted to Treasury by January 31, 2022. The subsequent quarterly reports will cover one calendar quarter and must be submitted to Treasury by the last day of the month following the end of the period covered. Quarterly reports are not due concurrently with applicable annual reports. Table 3 summarizes the quarterly report timelines.”

According to Table 3: Quarterly Project and Expenditure Report Timeline, the following are the Report Years, Quarter Period, Period Covered, and Due Date for the Required Quarterly Reports:
Report Year Quarter Period Covered Due Date
1 2021 2 – 4 March 3 – December 31 January 31, 2022
2 2022 1 January 1 – March 31 April 30, 2022
3 2022 2 April 1 – June 30 July 31, 2022
4 2022 3 July 1 – September 30 October 31, 2022
5 2022 4 October 1 – December 31 January 31, 2023
6 2023 1 January 1 – March 31 April 30, 2023
7 2023 2 April 1 – June 30 July 31, 2023
8 2023 3 July 1 – September 30 October 31, 2023
9 2023 4 October 1 – December 31 January 31, 2024
10 2024 1 January 1 – March 31 April 30, 2024
11 2024 2 April 1 – June 30 July 31, 2024
12 2024 3 July 1 – September 30 October 31, 2024
13 2024 4 October 1 – December 31 January 31, 2025
14 2025 1 January 1 – March 31 April 30, 2025
15 2025 2 April 1 – June 30 July 31, 2025
16 2025 3 July 1 – September 30 October 31, 2025
17 2025 4 October 1 – December 31 January 31, 2026
18 2026 1 January 1 – March 31 April 30, 2026
19 2026 2 April 1 – June 30 July 31, 2026
20 2026 3 July 1 – September 30 October 31, 2026
21 2026 4 October 1 – December 31 April 30, 2027

The following Navajo Nation offices, divisions, departments, and enterprises/businesses are listed as presenters:
Navajo Nation Department of Justice; Navajo Nation Fiscal Recovery Fund Office; Navajo Nation Office of Management and Budget; Navajo Nation Office of the Controller; Navajo Nation Division of Economic Development: Navajo Nation Department of Information Technology; Navajo Nation Department of Water Resources: Navajo Nation Division of Health; Navajo Nation Division of Natural Resources; Navajo Nation General Land Development: Navajo Nation Division of Human Resources: Navajo Nation Department of Personnel Management: Navajo Nation Business Regulatory Department; Navajo Nation Vital Records; Navajo Nation Division of Community Development; Navajo Nation Broadband Office: Navajo Natin Department of Water Resources; Navajo Environmental Protection Agency; Navajo Dept of Transportation: Navajo Nation Dept of Parks & Recreations; Navajo Nation Division of Public Safety; Navajo Tribal Utility Authority; Navajo Nation Office of Environmental Health; Navajo Area Indian Health Service; and Navajo Nation Office of the Auditor General.

As I was visiting the Navajo Nation FRF website, https://frf.navajo-nsn.gov/, which has several educational documents regarding ARPA/FRF posted on their websie, I noticed a May 27, 2021, Agreement between the U.S. Treasury and Navajo Nation, which was signed by then Navajo Nation President Jonathan Nez. In that agreement, there’s a Section 16 addressing the Protections for Whistleblowers.
16 Protections for Whistlehlowcrs
a. In accordance with 41 U.S.C. § 4712, Recipient may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant.
b. The list of persons and entities referenced in the paragraph above includes the following:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or management;
v. An authorized official of the Department of Justice or other law enforcement agency;
vi. A court or grand jury; or
vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct.
c. Recipient shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce.

I’m posting the Resolutions that are cited in the Naabik’iyati Committee’s four-day work session agenda. A few of the Resolutions are Attachements in other Navajo Nation Council Resolutions, such as RESOLUTION BFS-31-21, which is An Action relating to the Budget & Finance Committee and Approved the Navajo Nation Fiscal Recovery Fund application procedures, forms, and expenditure plan template, pursuant to CJY-41-21, which is Exhibit A in RESOLUTION BFMY-08-23.

RESOLUTION BFMY-08-23 is An Action relating to the Budget & Finance Committee that sought the Approval of the BFC to Amend the Navajo Nation’s Fiscal Recovery Fund application procedures and forms, as approved in BFS-31-21.

And RESOLUTION CJY-41-21 was Amended by CAU-74-23, which also Amended CJN-29-22. The amendments delegated the Naabik’iyati Committee as the Final Approval Authority for Navajo Nation Council Delegate Region Project Plans funded through the Navajo Nation’s Fiscal Recovery Funds.

Happy Reading.

And Ahe’hee for Keeping an Eye on Navajo Government & Support the Dine’ Right to Know What their Navajo Government is doing in their Name with their Beeso/Money, etc…and Keeping the Pressure on the Navajo Govt to Revive Full LiveStreaming on Facebook again of All Navajo Council meetings, which includes meetings of the Standing Committees, Navajo Hopi Land Commission, Investment Committee,and Shareholder meetings.

And what I mean by FULL LiveStreaming is Showing the Actual Meeting instead of the Navajo Nation Seal or a Screen Shot of the Name of the Standing Committee or Commission.

NAABIK’IYATI COMMITTEE OF THE 25th NAVAJO NATION COUNCIL
WORK SESSION, Navajo Nation Council Chambers, Window Rock, Navajo Nation (AZ)
December 4 – 7, 2023 – 9:00 AM Daily
Livestream will be available online on YouTube: www.youtube.com/navajonationcouncil
Join Zoom Meeting: https://navajonationcouncil-org.zoom.us/j/9288717160?pwd=T3k3VE1uV3JYQ3JaQnZPbkJUWmRRZz09&omn=89355240517
Call-in Number: (669) 900-6833
Meeting ID: 928 871 7160
Passcode: 86515
REVISED AGENDA
PRESIDING CHAIR: Honorable Crystalyne Curley, Speaker, 25th Navajo Nation Council

  1. CALL SESSION TO ORDER; ROLL CALL; INVOCATION
  2. RECOGNIZE GUESTS AND VISITING OFFICIALS
  3. WORK SESSION OVERVIEW:
    Introduction and Purpose of Work Session presented by Speaker, Honorable Crystalyne Curley, 25th Navajo Nation Council. Discussions related to the Navajo Nation Fiscal Recovery Funds (ARPA), Project Updates and the Current Challenges.
  4. REVIEW OF RESOLUTIONS:
    The review of resolutions will provide 25th Council a clear understanding of legislative actions taken relative to Navajo Nation ARPA.
    A. BFS-31-21
    i. Eligibility Determination – Presented by Navajo Nation Department of Justice and Navajo Nation Fiscal Recovery Fund Office
    B. BFMY-08-23
    i. Eligibility Determination Amendments – Presented by Navajo Nation Department of Justice and Navajo Nation Fiscal Recovery Fund Office
    C. CJY-41-21
    i. Section Three – Establishment of NNFRF – Presented by Navajo Nation Office of Legislative Counsel and Navajo Nation Department of Justice
    ii. Section Four – Eligibility Determinations – (Combine with Items A and B)
    iii. Section Five – Reimburse Síhasin & UUFB – Presented by Navajo Nation Office of Management and Budget, Navajo Nation Office of the Controller and Department of Justice
    iv. Section Six – CARES Defunded Projects – Presented by Division of Economic Development, Department of Information Technology, Judicial Branch, Department of Water Resources, Division of Health, and Navajo Nation Fiscal Recovery Fund Office
    v. Section Eleven – Establishing NNFRFO – Presented by NNFRFO
    vi. Section Thirteen – Directives – Presented by Division of Natural Resources, General Land Development, Division of Human Resources, Department of Personnel Management, Office of the President/Vice-President, Business Regulatory Department, and Department of Justice
    D. CD-62-21
    i. Hardship Assistance – Presented by Office of the Controller and Vital Records
    E. CJN-29-22
    i. Section Three – Chapter & Regional Project Expenditure Plans – Presented by Division of Community Development, Broadband Office, Department of Water Resources, Navajo Environmental Protection Agency, Department of Health, Navajo DOT, Parks & Recreations, and Division of Economic Development
  • NNFRFO Update on Current Chapter & Regional Budgets and Projects not yet financially encumbered.
  • Update on Delegate Region Expenditure Plan available balances – Presented by Office of Legislative Counsel Staff
    ii. Section Four – Public Safety & Cybersecurity – Presented by Division of Public Safety, Division of Community Development, and Department of Information Technology
    iii. Section Five – Public Health – Presented by Department of Health
    iv. Section Six – Hardship Assistance II – (Combine with Item D.)
    v. Section Seven – Water and Wastewater – Presented by Department of Water Resources, Navajo Tribal Utility Authority, Navajo Environmental Protection Agency, Office of Environmental Health, and Navajo Area Indian Health Service
    vi. Section Eight – Broadband – Presented by Broadband Office, Navajo Tribal Utility Authority, CellularOne, and Sacred Winds Communications
    vii. Section Nine – Electricity – Presented by Division of Community Development, Navajo Tribal Utility Authority, Continental Divide Electric Cooperative, and Jemez Mountains Electric Cooperative
    viii. Section Ten – Housing – Presented by Division of Community Development, Veterans Administration, and Navajo Hopi Land Commission Office
    ix. Section Eleven – Bathroom Additions – Presented by Division of Community Development, Navajo Tribal Utility Authority and Navajo Engineering and Construction Authority, Navajo Area Indian Health Service
    x. Section Twelve – NNFRF Administration – Presented by Department of Justice, Office of the Controller, Office of Management and Budget, Office of the Auditor General, and Navajo Nation Fiscal Recovery Fund Office
    xi. Section Thirteen and Fourteen – Unallocated Funds and Surplus Funds – Presented by Navajo Nation Fiscal Recovery Fund Office and Office of the Controller
    xii. Section Fifteen – Reporting – Presented by Navajo Nation Fiscal Recovery Fund Office
  1. ARPA Related Discussions
    A. Amendments to Navajo Nation Procurement Act (Resolution CO-81-23) Presented by Navajo Nation Department of Justice
    B. Right-of-Way (ROW) and Tribal Access Authorization (TAA)/Homesite Lease Presented by Division of Natural Resources
    C. Proposed Amendments by the Executive Branch Presented by Office of the President and VicePresident, Department of Justice, and Navajo Nation Fiscal Recovery Fund Office
    D. Office of the President/Vice-President Recommendations and Input
  2. Next Steps and Follow Up Assignments
  3. ANNOUNCEMENTS; CLOSE OF WORK SESSION
    Livestream will be available online on YouTube: www.youtube.com/navajonationcouncil
    Join Zoom Meeting: https://navajonationcouncil-org.zoom.us/j/9288717160?pwd=T3k3VE1uV3JYQ3JaQnZPbkJUWmRRZz09&omn=89355240517
    Call-in Number: (669) 900-6833
    Meeting ID: 928 871 7160
    Passcode: 86515

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